Senior Executive Service (SES) recruitment

Overview

The function of the SES is to provide Australian Public Service (APS) wide ethical and strategic leadership of the highest quality that contributes to an effective and cohesive APS. A high performing public service requires that the best and brightest individuals from diverse backgrounds are recruited, including those who may bring with them valuable private sector experience.

The APS needs a strong talent pool of SES employees who exemplify leadership behaviours as set out in the APS Values and the Secretaries’ Charter of Leadership Behaviours and with broad and readily transferable skills in order to deploy staff flexibly in response to government priorities. To achieve this, it’s important for agencies to effectively manage SES talent, including recruitment activities to attract and retain the required qualities, skills and breadth of experience.

Transparent, merit-based recruitment is essential to ensuring confidence in the integrity of SES selection decisions.

Legislative requirements for SES recruitment

When filling SES vacancies, APS agencies have obligations under the Public Service Act 1999 (PS Act), the Public Service Regulations 2023 (the Regulations) and the Australian Public Service Commissioner’s Directions 2022 (the Directions).

Upholding merit

Merit is a fundamental principle of APS employment. All employment decisions must comply with section 10A of the PS Act, which requires that all engagements and promotions are based on merit.

A decision to engage or promote a person is based on merit if:

• all eligible members of the community are given a reasonable opportunity to apply to perform the relevant duties and
• an assessment is made of the relative suitability of the candidates to perform the relevant duties, using a competitive selection process and
• the assessment is based on the relationship between the candidates' work-related qualities and the work-related qualities genuinely required to perform the relevant duties and
• the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the relevant duties and
• the assessment is the primary consideration in making the employment decision.

Subdivision B of the Directions sets out further requirements for merit-based recruitment, including:

• that the position is notified in the Public Service (PS) Gazette and
• for SES recruitment, that the Australian Public Service Commissioner (the Commissioner) or their representative is a full participant in the selection process.

Further information on the inclusion of the Commissioner (or their representative) in the selection process is contained in the Select section on this page. Further information on upholding merit in recruitment is available on The APS Merit Principle page and the Public Service Gazette Requirements page.
 

Preparing to fill an SES vacancy

When preparing to fill an SES vacancy, there are a number of steps to follow. Outside of the legislative requirements, agencies have flexibility on how they conduct their recruitment process. The information provided below on each stage of the recruitment process is provided to support agencies undertaking SES Recruitment.

Define - Role analysis

Role analysis is the systematic examination of the purpose, responsibilities and scope of a role in supporting the agency’s business and strategic objectives. A role analysis is the first step in determining the necessary and desirable skills, capabilities, knowledge and experience required for an SES role.

Agencies are encouraged to consider undertaking a role analysis for all new and existing roles prior to commencing the selection process. A role analysis provides an opportunity to consider the responsibilities of the role and the skills and experience required to undertake the duties. Role analysis can also contribute to ensuring the recruitment notification accurately portrays the role to potential candidates.

Agencies should also consider how they may be able to support requests for flexible working arrangements in the role. When the requirements of the role are clearly defined, it is easier to identify what specific information agencies need from candidates and why it is needed. This is important because it helps to avoid seeking unnecessary and potentially unlawful discriminatory information from candidates during the application or interview stage.

All APS agencies must comply with the Public Service Classification Rules 2000 to ensure roles are classified based on work value by considering the type and nature of the work to be performed using the SES Work Level Standards and the SES Evaluation Methodology - Guidelines and Workbook.

Agencies are to streamline management layers, ensure appropriate spans of supervision, and adopt best practice ways of working to reduce hierarchy and improve decision making. For further information see the guidance on Optimal Management Structures.

APS agencies should ensure that any SES vacancy can be accommodated within the agency’s average staffing level (ASL) allocation and the agency’s SES cohort.
 

Options for filling an SES vacancy

There are a range of options available for agencies seeking to fill an SES role. This section sets out the legal requirements and strategic considerations to assist agencies choose the most suitable recruitment approach.

Ongoing

Engagements

Where an ongoing offer is to be made to someone that is not already employed in the APS, the outcome is an engagement under section 22 of the PS Act.

Promotions

A promotion is actioned in accordance with section 25 of the PS Act for an internal candidate or section 26 and section 25 of the PS Act for a candidate from another APS agency.

The promotion of an SES employee takes effect on:

• the date agreed by the relevant parties (this date cannot be before the notification is published on the PS Gazette) or
• four weeks after the notification is published on the PS Gazette.

Movements at level

In accordance with section 26 of the PS Act, an Agency Head may enter into an agreement in writing with an ongoing APS employee to move to the Agency Head’s agency permanently from another APS agency. The movement does not require a merit-based selection process, but could be the result of a merit-based selection process.

The date of effect for an ongoing section 26 transfer is the date agreed between the two Agency Heads and the employee or, if no date is agreed, four weeks after the employee informs their current Agency Head in writing.

Under section 25 of the PS Act an employee can be assigned to a different set of duties at their substantive classification. This gives the agency the flexibility to fill an SES role with an existing SES employee from within the agency to meet operational needs if required. There is no requirement to advertise the vacancy or undertake a merit-based selection process in these circumstances, however the Agency Head may wish to utilise an internal expression of interest process.

Further information on transferring between agencies can be found on the Employee movement between APS agencies and the Assignment of duties within an APS agency pages.
 

Non-ongoing

Engagement

Where a non-ongoing offer is to be made to someone who is not already employed in the APS, this is an engagement under section 22 of the PS Act.

Section 12 of the Regulations provides that an Agency Head may engage an SES employee for a specified term of up to five years following a merit-based selection process. From the commencement of the fixed term provisions in the Fair Work Act 2009 (FW Act), an Agency Head will need to be reasonably satisfied that the engagement would not contravene section 333E(1) of the FW Act, unless an exception set out in section 333F applies.

Further information on subsection 333E(1) of the FW Act can be found on the Department of Employment and Workplace Relations website.

An agency may engage a non-ongoing SES employee without undertaking a full merit-based selection process provided that:

• as far as practicable, the vacancy is brought to the attention of the community in a way that gives eligible members of the community a reasonable opportunity to apply and
• the Agency Head is satisfied that the person to be engaged has the work-related qualities genuinely required to perform the relevant duties. This includes consideration of how a candidate demonstrates the behaviours of the Secretaries Charter of Leadership Behaviours and the APS values.

The engagement of a non-ongoing SES employee without undertaking a merit-based process is limited to:

• prior to the introduction of the subsection 333E(1) of the FW Act – an initial period of 18 months or less, which may be extended up to a total period of 3 years and
• following the introduction of subsection 333E(1) of the FW Act – an initial period of 12 months or less, which may be extended up to a total period of 18 months.

The time limits on the length of a non-ongoing engagement where a full merit-based selection process was not undertaken will apply even where the engagement is covered by an exception in section 333F of the FW Act.

The limits on employment periods do not apply to irregular or intermittent engagements.

Limits on the period of engagement are set out in Table 1 and Table 2 below.

Term limits for SES specified term employment

Table 1: Term limits prior to the commencement of subsection 333E(1) of the FW Act

Term
Merit based process	Modified merit process**
For up to 5years*	For an initial period of 18 months or less, with the option to extend to a total period of 3 years

Table 2: Term limits on commencement of subsection 333E(1) of the FW Act

Term
Merit based process	Modified merit process**
For up to 5years*	For an initial period of 12 months or less, with the option to extend to a total period of 18 months

*Subject to the Agency Head being reasonably satisfied that entering into the contract would not contravene subsection 333E(1) of the FW Act which limits fixed term arrangements to 2 years or two contract terms, whichever is less.
**In accordance with subsection 23 of the Directions.

Agencies should ensure that non-ongoing employment contracts/determinations include suitable provision(s) covering compensation in the event of early termination.

Temporary transfers

In accordance with section 46 of the Directions a temporary move requires the written agreement of the ongoing APS employee, the Agency Head of the original agency, and the Agency Head of the new agency. The date of effect of the move and duration must be agreed to by all parties in the written agreement. The Directions do not prescribe minimum or maximum terms for a temporary move.

At the end of the term of the temporary move, the employee will return to the original agency unless:

• an extension has been agreed in accordance with section 46(3) of the Directions
• an ongoing move to the agency or another agency, is agreed or
• the employee resigns.

Further information on temporary movements can be found on the Movement between APS agencies page.

Attract

Advertising

The requirement to notify vacancies (advertise) in the PS Gazette is outlined in section 25 of the Directions and applies to SES recruitment.

Consistent with section 10A(2) of the PS Act which outlines the principle of merit, all eligible members of the community should be given a reasonable opportunity to apply for an APS vacancy that could result in an ongoing engagement or promotion.

An agency can supplement a PS Gazette notice with external advertising in order to attract more candidates or to target candidates with particular skills or formal qualifications. For example, this may be on the agency's website, in trade or professional publications, on other jobs websites or in other media. Agencies wishing to also advertise a vacancy in major newspapers must comply with the Department of Finance’s Recruitment Advertising Policy.

All advertising should be undertaken concurrently to avoid confusion, but where this is not possible, the external advertising must take place within 4 weeks before or after the PS Gazette notification and specify the same closing date for submission of applications as the date specified in the PS Gazette notification.
 

Similar vacancy and merit lists

The meaning of ‘similar vacancy’ is important when planning to advertise a vacancy in the PS Gazette. It can impact the utility of a merit list or pool for filling future vacancies both within the agency and across the APS.
The legislative definition of a similar vacancy can be found at section 9 of the Directions. When selecting candidates from a merit list or pool to fill an SES vacancy, the vacancy is similar to a vacancy that resulted in a merit list or pool being created if it:

• is the same category of employment (ongoing or non-ongoing)
• requires similar work-related qualities to perform the duties, and
• is at the same classification, or an equivalent classification (if using a merit list or pool from the Parliamentary Service or an intelligence agency).

When filling roles using a merit list or pool, the Agency Head must ensure that the vacancies are similar vacancies within the meaning of section 9 of the Directions, and that their use of merit pools is in accordance with the broader APS principle of merit as set out in section 10A of the Public Service Act 1999. This includes whether all eligible members of the community were given a reasonable opportunity to apply. 

From 1 November 2024, similar location is removed from the definition from similar vacancy. This change provides agencies with additional flexibility and provides candidates with greater transparency on where the vacancy is located and how any merit list or pool will be used to fill future vacancies.

When advertising a vacancy, agencies must consider: 

• where the available vacancy is located 
• whether remote working options may be considered 
• whether hybrid working arrangements may be considered, and  
• what locations of positions that may be filled using the merit list or pool  

Example 1
An agency advertises a role as being available in Sydney and have not included in the advertisement that remote work arrangements may be considered. They have included in the advertisement that the merit list will only be available for vacancies located in Sydney. In this case the immediate vacancy and use of the merit list or pool for future vacancies is limited to Sydney.

Example 2
An agency advertises a role with the immediate vacancy in Sydney, the vacancy advertisement includes that remote work may be considered, and the merit list or pool will be made available for future vacancies anywhere in Australia. In this scenario, the agency is able to fill the immediate vacancy with a candidate located in Sydney or a candidate working remotely and for future vacancies the merit list or pool can be used for roles anywhere in Australia.

The removal of similar location from the definition of similar vacancy applies to positions notified in the Gazette from 1 November 2024. 

Agencies are encouraged to think flexibly when describing the duties, category of employment and location, where possible and appropriate.

Agencies are encouraged to consider drawing from existing merit lists or pools prior to advertising a new vacancy. Agency HR users can access merit lists through the APSJobs administration portal - merit list sharing function. 

For more information see the Advertising a location for vacancy factsheet.

For further information and support about the APSJobs merit list sharing function, agencies can contact the APSJobs team via contact@apsjobs.gov.au. 

The Australian Public Service Commission (the Commission) must be notified when a candidate is selected from a merit list or pool to fill an SES vacancy. Agencies should complete the Notification of Outcome Form to notify of a selection outcome using an existing merit list or pool and return it to the Commission. Refer to the SES selection decisions and outcomes section on this page for more information on recording selection outcomes.

Select

SES selection committee

Section 26 of the Directions outlines additional requirements when establishing a selection committee (often referred to as a ‘panel’) for SES engagement and promotion, which includes the requirement that the Commissioner is a full participant in SES recruitment processes.

It is at the discretion of agencies to determine the remaining selection committee members for the process, including the level and number of participants. In practice this often means selection committee members will be at or above level to ensure they have a good understanding of the requirements and capabilities to perform successfully at the relevant classification. At a minimum, agencies are encouraged to ensure that the Chair of the selection committee is a substantive level above.

It is best practice to have at least three participants, ideally four for an SES recruitment process.

To maintain the integrity of SES recruitment processes, agencies are encouraged to embed steps in their SES recruitment processes for selection committee members to identify and declare any potential conflicts of interest and vulnerabilities. Where a conflict of interest arises agencies will need to embed internal processes to manage and mitigate these conflicts. An example of a conflict of interest is where a selection committee member has a relationship with a candidate. Such information should be declared to all committee members and to the delegate at the earliest opportunity. The delegate can decide if the committee member should be excluded from the selection process or if steps can be taken to mitigate any risks identified.

If a committee member is asked by a candidate to provide comments as a referee, the committee member should provide these comments to other committee members before accessing information on any other applicants.

Commissioner’s participation

The Commissioner’s role in SES recruitment is to ensure that the process is consistent with the requirements of the PS Act and the Directions, ensuring employment decisions are consistent with merit. The Commissioner also ensures employment decisions:

• take into account the wider skills and capabilities expected of SES employees across the whole of the APS including those that will be needed by the APS in the future and
• are aligned to the SES Performance Leadership Framework which requires that behaviours are considered equally with outcomes.

The Commissioner will be invited to participate on all SES recruitment processes.

Where the Commissioner is unable to participate in an SES recruitment process, they will be represented by a Commissioner’s Representative. The Commissioner’s Representative is an independent and impartial selection committee member. Their role is to foster greater collaboration and partnership across the APS, to position the APS to operate as one enterprise, working towards the same objectives.

The Commissioner’s Representative must:

• be an APS employee
• be a substantive classification above the SES vacancy 
• be from a different portfolio to the agency that is filling the SES vacancy and
• contribute to gender diversity of the panel.

Notifying intent to advertise and identifying a Commissioner’s Representative

APS agencies must notify the Commission of their intent to advertise all SES vacancies and where possible, notice should be provided at least one month before advertising.

Advance notice of an upcoming selection process provides an opportunity for consultation with Chairs of the Secretaries and Deputy Secretaries Talent Council.

Agencies should complete the SES Recruitment form and return to the Employment Policy team via employmentpolicy@apsc.gov.au.

This form requires agencies to propose an eligible Commissioner’s Representative who will be asked to participate in the selection process where a representative of the Commission is unavailable.

Upon receipt of an invitation to participate on a selection committee, the Commission will:

• advise that the Commissioner is available to participate on the process (SES band 3 processes only) or
• advise that an APSC Deputy Commissioner will undertake the role of Commissioner’s Representative (generally only for SES band 2 processes) or
• advise that a Commissioner’s Representative has been nominated by the Commission or
• consider the agency’s nomination to fulfil the role of Commissioner’s Representative.

The Employment Policy team will confirm the approved Commissioner’s Representative for the process.

To assist agencies that are unable to find a suitable Commissioner’s Representative, the Commission will maintain a list of potential Commissioner’s Representatives who meet the criteria detailed above. The Commission will write to agencies annually seeking nominations for the list. Contact the Employment Policy team via employmentpolicy@apsc.gov.au if your agency requires assistance identifying a Commissioner’s Representative.

Commissioner’s representatives should familiarise themselves with the Guidance for representatives of the APS Commissioner in SES Selection Committee.

Deviations

The Commissioner’s Representative plays a vital role in SES recruitment. The criteria set for a Commissioner’s Representative ensures that the role they play is upheld and they provide a whole of APS perspective during the recruitment process.

Where an agency is unable to find a participant who meets all of the Commissioner’s Representative criteria, they may seek approval for a deviation from the criteria from the Commissioner. Deviation proposals will only be considered in exceptional circumstances.

The Commissioner will not approve any deviations where the nominated representative:

• is not an APS employee
• is not from a different portfolio from the agency that is filling the SES vacancy.

Agencies seeking a deviation must complete the section ‘Request for Deviation’ in the SES Recruitment form. Agencies must provide all relevant information including what steps they have taken to find a Commissioner’s Representative that would meet the criteria. The request should also include details outlining how the agency’s proposed Commissioner’s Representative has the necessary skills and experience to ensure the process is compliant with the APS legislative framework.

To seek endorsement, agencies should send the completed SES Recruitment form to the Employment Policy team via employmentpolicy@apsc.gov.au.

Specialist panellist for HR, Digital and Data SES vacancies

Where an agency is recruiting for an SES role that requires experience aligned with the HR, Digital or Data profession must include a specialist panellist as a member of their selection committee composition.

The specialist panellist provides advice and guidance to help select individuals with the right skills and attributes to be effective leaders and support the uplift in APS capability in their relevant field.

Where the Commissioner or Deputy Commissioner is available to participate on the selection committee, the specialist panellist will either be an additional member of the selection committee, or replace one of the other selection committee members. Where a Commissioner’s Representative is required, and the nominated specialist selection committee member also meets the criteria for the Commissioner’s Representative, they may undertake both roles on the selection committee.

Agencies recruiting for an SES role that requires experience aligned with an APS profession can contact the specialist streams for further information:

• HR: APSHRProfessionalStream@ato.gov.au
• Digital: digitalprofession@apsc.gov.au
• Data: data.profession@abs.gov.au

Further information on the APS professions is available on the APS Professional Streams page.
 

Specialist panellist for Accounting and Finance SES vacancies

On 28 August 2024, the Chief Operating Officer (COO) Committee agreed that at least one senior accounting and finance professional will sit on recruitment panels as a member when recruiting for SES accounting and finance roles, especially Chief Financial Officers (CFO) or equivalents. In small agencies, similar principles would apply in the case of selection panels for non-SES CFO roles.

A senior accounting and finance professional would mean a full member of either Chartered Accountants Australia and New Zealand (CA ANZ) or CPA Australia or a member of the APS with extensive accounting and finance experience (such as more than five years’ experience in an SES public sector financial management role).

The accounting and finance professional on the panel will provide advice and guidance to support the selection of individuals with the right behaviours, capabilities, credentials, experience and expertise needed to guide and drive the public sector accounting and finance profession.

Where the Commissioner or Deputy Commissioner is available to participate on the selection committee, the specialist panellist will either be an additional member of the selection committee or replace one of the other selection committee members. Where a Commissioner’s Representative is required, and the nominated specialist selection committee member also meets the criteria for the Commissioner’s Representative, they may undertake both roles on the selection committee.

If you require advice on a suitable senior accounting and finance professional to assist on recruitment panels, please contact the Department of Finance: farmexec@finance.gov.au.

Assessing candidates

Agencies have flexibility in determining the assessment methods used in a recruitment process. However for SES recruitment, the use of both interviews and referee reports is important to enable the canvassing of leadership and ethical behaviour.

Referee reports can be used by the selection committee to gather information and assess the suitability of candidates. The SES Performance Leadership Framework sets the expectation for all SES employees that behaviours are as important as outcomes and therefore both must be considered as a part of referee reports. Excellence in delivering outcomes cannot be used to offset or minimise behavioural concerns.

The Secretaries Charter of Leadership Behaviours sets out the behaviours Secretaries expect of themselves, the SES and across all levels of the APS. The Charter focuses on behaviours that support modern systems of leadership within the construct of the APS Values and Code of Conduct.

These behaviours build on the Integrated Leadership System and APS Leadership Capability Framework.

As a matter of procedural fairness, candidates should be given the opportunity to respond to any adverse comments received in referee reports.

Referee reports are subject to the Privacy Act 1988 (Privacy Act) and the Freedom of Information Act 1982. For more information on access to government-held information see the Office of the Australian Information Commissioner website.

Sharing merit lists or pools

For all SES vacancies an agency should provide access to a current merit list or pool to another agency, if asked. Agencies should inform all candidates applying for SES vacancies that the merit list or pool may be shared across the APS.

Recruitment privacy notice

Under the Privacy Act all agencies have a responsibility to notify individuals when collecting personal information from candidates. Agencies should ensure that their privacy collection notices inform candidates applying for an SES vacancy that their personal information may be disclosed to third parties, including the APSC.

Employment Decision

SES selection decisions and outcomes

Section 24 of the Directions sets out the elements of a merit-based selection process, including that:

• the aim and purpose of the selection process is determined in advance
• information about the selection process is readily available to candidates
• the selection process is applied fairly in relation to each eligible candidate and
• the selection process is appropriately documented.

On completion of a selection process, the selection committee must provide recommendations to the Agency Head (or their delegate).

Decision-makers are not bound by the recommendations made by the selection committee, however, the decision must be recorded and have regard to the requirements of the PS Act including merit. Where the decision is different to the recommendations of the selection committee, the reasons for their decision should also be recorded.

Advising of selection outcomes

At the conclusion of the selection process, agencies are required to send the Commission:

• the Commissioner’s Representative certification (where the Commissioner did not participate in the process)
• notification of the SES Selection Notification of Outcome Form, which will include the merit list or pool and
• selection reports for SES Band 3 vacancies.

The Commissioner or Commissioner’s Representative must participate in the entire selection process. Where a Commissioner’s Representative participates in the selection process, they must certify that the process has complied with the PS Act and the Directions by completing the SES Selection Certification and return it to the Employment Policy team via employmentpolicy@apsc.gov.au.

All documents are to be sent to the Employment Policy Team via employmentpolicy@apsc.gov.au.

Remuneration

SES remuneration and terms and conditions can be determined by:

• Agency Heads under section 24 of the PS Act
• a common law contract or
• an enterprise agreement.

Remuneration must be determined in accordance with government policy including the Public Sector Workplace Relations Policy 2023 and the APS Executive Remuneration Management Policy.

Engaging a person who has received a redundancy benefit or incentive to retire

Section 66 of the Directions places restrictions on subsequent employment of people who have received a redundancy benefit and/or an incentive to retire. Please refer to the SES Separation and the Engagement of people who have received a redundancy benefit pages for more information.

Additional guidance and support

For additional guidance and support APS agencies may also benefit from reviewing the:

• APS Workforce Strategy 2025 page which provides a whole-of-enterprise approach to strategic workforce management by supporting agencies to identify and build workforce capabilities needed for the future.
• APS Talent Management page which provides further information on building strong and diverse pipelines for leadership roles across the APS.
• APS Mobility Framework page which provides support to agencies in maximising the benefits from their strategic use of mobility across the APS.

Further information

Further information on the agency responsibilities in SES recruitment is available in Circular 2023/7: Upholding Integrity in SES Recruitment. HR practitioners seeking more information on SES recruitment can contact the Employment Policy team via employmentpolicy@apsc.gov.au or call the advice line on (02) 6202 3857.